To ensure that employers do not take advantage of their workers, both federal and state laws require employers to compensate their employees for working overtime. An employer’s failure to abide by these laws is both unfair and unlawful, so if you work for an employer who regularly refuses to pay overtime, you should obtain the advice of an experienced employment law attorney who can explain your legal options to recover your lost pay.
According to the federal law called the Fair Labor Standards Act (FLSA), employees are prohibited from working more than 40 hours a week unless they receive overtime pay for the additional hours. The standard rate of overtime pay is one and one-half of what an employee regularly makes per hour, so employees who work overtime must receive one and one-half of what they usually make for every extra hour worked.
Employees who work in certain industries or fill specific positions are not guaranteed minimum wage or overtime pay. Generally, whether an employee is exempt or nonexempt depends on three specific factors:
Based on these factors, federal law states that exempt employees are generally those who:
Examples of exempt employees include:
When an employer denies a covered employee overtime pay, unpaid workers could be awarded the wages they were denied in addition to liquidated damages, which are intended to compensate workers for other losses they suffered as a result of not being paid.
At Marshall Forman & Schlein LLC, we understand that not receiving your fair wages can be a financial and emotional burden on both employees and their families If you live in Ohio and are not receiving the pay you are entitled to, please call us and speak to an experienced overtime attorney.
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